Since Bhartiya Nagrik Suraksha Sanhita 2023 will come in force on 1/7/24, it will bring following changes in Arrest procedure and provisions relating to arrest.
1. Section 35 to section 62 of BNSS 2023 contains law relating to arrest.
2. Old section 41 and 41 A Cr.P.C. have become one section i.e. 35 of BNSS 2023.
3. Power to arrest in 35 (1), Power to issue notice in 35 (3)
4 . Earlier there was no format in Cr.P.C. for issuing notice of 41 A Cr.P.C., now Form No.1 of BNSS 2023 to be used in issuing notice of 35 (3).
5. Prior permission of police officer not below the rank of Dy.S.P is required to arrest a person in cases where offence is punishable with imprisonment for a term of less than three years and person is infirm or above the age of sixty years.
6. Designated police officer:- Section 37 BNSS makes provision for appointment of Designated Police officer not below the rank of Assistant Sub-Inspector in every police station. He will maintain the data of every arrested person for ex. his name, address , offence with which he is charged. The data will be displayed in digital or physical mode at police station and district police headquarter.
As per section 48 BNSS the police officer or private person making arrest is bound to give information of arrest to the designated police officer of the police station of the district where such relative/ friend or nominated person resides. In a scenario where a case is registered at one police station, arrest is made in another police station and relative/friend resides in jurisdiction of another police station, the information to be given to designated police officers of every police station.
7. Production of arrested person where arrest is made by private person:- In case of arrest by private person, the arrested person shall be handovered or cause to be handovered to nearest police officer or police station within six hours as per section 40 BNSS . Earlier there was no time limit was fixed by section 43 Cr.P.C. A private person who willfully caused delay in handovering the arrested person within the prescribed time limit may be charged under section 127 of BNS 2023.
8. Use of Handcuffs :- Earlier in section 46 of Cr.P.C. there was no provision for use of Handcuffs. Now section 43 (3) BNSS list out the case where handcuffs can be used. It includes case of habitual or repeat offender, or person who escaped from custody, organized crime, terrorist acts, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack counterfeiting of coins and currency notes, human trafficking, sexual offences against children or offences against the State. However the provision is not mandatory in nature, it grants discretionary power to the officer making arrest.
9. Medical examination of arrested person:- Earlier medical examination was supposed to be done on the request of police officer not below the rank of sub-inspector as per section 53,53 A and 54 of Cr.P.C. This restriction has been removed by BNSS in section 51, 52 and 53 BNSS now medical examination request can be made by police officer of any rank.
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Since Bhartiya Nagrik Suraksha Sanhita 2023 will come in force on 1/7/24, it will bring following changes in Arrest procedure and provisions relating to arrest.
1. Section 35 to section 62 of BNSS 2023 contains law relating to arrest.
2. Old section 41 and 41 A Cr.P.C. have become one section i.e. 35 of BNSS 2023.
3. Power to arrest in 35 (1), Power to issue notice in 35 (3)
4 . Earlier there was no format in Cr.P.C. for issuing notice of 41 A Cr.P.C., now Form No.1 of BNSS 2023 to be used in issuing notice of 35 (3).
5. Prior permission of police officer not below the rank of Dy.S.P is required to arrest a person in cases where offence is punishable with imprisonment for a term of less than three years and person is infirm or above the age of sixty years.
6. Designated police officer:- Section 37 BNSS makes provision for appointment of Designated Police officer not below the rank of Assistant Sub-Inspector in every police station. He will maintain the data of every arrested person for ex. his name, address , offence with which he is charged. The data will be displayed in digital or physical mode at police station and district police headquarter.
As per section 48 BNSS the police officer or private person making arrest is bound to give information of arrest to the designated police officer of the police station of the district where such relative/ friend or nominated person resides. In a scenario where a case is registered at one police station, arrest is made in another police station and relative/friend resides in jurisdiction of another police station, the information to be given to designated police officers of every police station.
7. Production of arrested person where arrest is made by private person:- In case of arrest by private person, the arrested person shall be handovered or cause to be handovered to nearest police officer or police station within six hours as per section 40 BNSS . Earlier there was no time limit was fixed by section 43 Cr.P.C. A private person who willfully caused delay in handovering the arrested person within the prescribed time limit may be charged under section 127 of BNS 2023.
8. Use of Handcuffs :- Earlier in section 46 of Cr.P.C. there was no provision for use of Handcuffs. Now section 43 (3) BNSS list out the case where handcuffs can be used. It includes case of habitual or repeat offender, or person who escaped from custody, organized crime, terrorist acts, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack counterfeiting of coins and currency notes, human trafficking, sexual offences against children or offences against the State. However the provision is not mandatory in nature, it grants discretionary power to the officer making arrest.
9. Medical examination of arrested person:- Earlier medical examination was supposed to be done on the request of police officer not below the rank of sub-inspector as per section 53,53 A and 54 of Cr.P.C. This restriction has been removed by BNSS in section 51, 52 and 53 BNSS now medical examination request can be made by police officer of any rank.
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